Legal Question in Criminal Law in Nevada

My friend and I were on vacation in Las Vegas. We came from California, where the policy on marijuana is more lenient. I had half a joint in my pocket and the security smelled it on me. They pulled my friend and I aside and asked if I had anything they should know about. I handed it over right away, and they took us to the back room. I was quite stressed out at the time. I had never been arrested before. After taking our licenses and looking up our information (neither my friend nor I has a record), they kept asking if we had any more on us because the odor was too strong. I didn't have any more, but I did have half of a small marijuana cookie that I immediately told them about. My friend had nothing on him. After speaking with the metro police officers on location, they decided to let us go without a citation because we came clean and were totally compliant and apologetic throughout.

Although they let us go without a citation, they gave us trespass notices and we were banned from the Venetian and Palazzo properties for life. I asked if there was any way for us to get this rescinded, and the security officer told me that I would have to speak with the head of security. I called and left a message, but it's holiday season and I would expect to deal with this after New Year's.

I realize they were concerned with the odor because they don't want people selling on their property. My friend and I had a single joint that was clearly for personal use only.

I've been a loyal patron to the hotel, and I would only want to give them further business. I want to stress to the security manager that I was totally scared straight by the situation and wouldn't even think of doing anything like that again.

What should I say to the security manager to get the ban rescinded?

What can I do legally to fix this?

Thanks for your help.


Asked on 12/30/10, 2:59 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The resorts are private property. They have the right to ban you permanently if they want to. The law will not make them change their minds. Even if there were an option you could use, it would probably involve admitting under oath that you possessed marijuana and transported it across state lines. That would not be wise, especially if all you stand to gain from it is re-admittance to two particular resorts.

You may be able to persuade the resorts to let you back. Then again, you may annoy them enough that they decide to ask the D.A. to prosecute you. I don't know how likely that is, and I don't know what the odds are of the D.A. changing her mind. But since you have already admitted your crimes and since you would inevitably do so again in trying to win reinstatement, the risk is there.

I'm sure you're right that the resorts don't want people dealing drugs on their premises. But I'm *not* sure you're right that this is all they're concerned about. They probably don't want people using drugs on their premises either. And they surely don't want police arresting guests or searching their rooms.

There are plenty of other resorts in Las Vegas. I suggest spending your leisure time there instead.

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Answered on 1/04/11, 3:21 pm


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